Clark County judge dismisses sexual misconduct charges against high school band assistant

VANCOUVER -- A Clark County Superior Court judge has dismissed sexual misconduct charges against a high school band assistant in Vancouver because he was not a school district employee and had no professional authority over two 16-year-old girls, the alleged victims.

The judge ruled last week that 23-year-old Adrian Kelley did not violate Washington's abuse of trust statute.

The Columbian reports that when he worked with the Skyview High School marching band in 2009 Kelley was privately paid by boosters. And, one of the girls wasn't in the band and the other played an instrument separate from the marching band.

The prosecutor had argued that Kelley's involvement in the program could be considered a position of power.